Patsalis v State of New South Wales [2011] NSWCA 364

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Patsalis v State of New South Wales [2011] NSWCA 364 Hearing dates: 21 November 2011 Decision date: 25 November 2011 Before: Basten JA Decision: (1) Extend time within which to seek leave to appeal from the judgment of Schmidt J, to the extent that it refused leave to proceed under the Felons (Civil Proceedings) Act, until 10 October 2011. (2) Direct that the application for leave to appeal and the appeal be heard together. (3) Direct the Registrar to refer the applicant for assistance, either to the Prisoners Legal Service of the Legal Aid Commission, or for assistance under Uniform Civil Procedure Rules 2005 (NSW), r 7.36(1), with a copy of these reasons. (4) In the event that the applicant does not wish to have legal assistance or is unable to obtain assistance, grant leave to the applicant to appear in person at any further hearing by videolink. (5) Grant leave to the State of New South Wales to appear and be represented on any further hearing, pursuant to s 7(b) of the Felons (Civil Proceedings) Act , if applicable. (6) Stand the matter over to the Registrar's list on 12 December 2011 for further directions as to the filing of submissions and fixing a date for hearing. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PRISONERS - civil proceedings - whether statutory requirement for leave extends to judicial review proceedings